CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft.
CASA or its predecessors issued AD/GA-7/5 in accordance with GAC SB ME-12. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 4 June 2009. No replacement AD is required.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies, Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia with a focus on ensuring safety and efficiency. In addressing the need for stringent safety measures and compliance with international standards, the Civil Aviation Safety Regulations 1998 were introduced, providing the framework for issuing airworthiness directives (ADs) under regulation 39.001. This regulation empowers the Civil Aviation Safety Authority (CASA) to issue ADs, which are considered legislative instruments as per subregulation 39.001(5) and the Acts Interpretation Act 1901. The enactment of these regulations ensures that Australia meets its obligations under the Convention on International Civil Aviation, particularly in maintaining the continuing airworthiness of aircraft. Given the global nature of aviation, adherence to international standards set by ICAO is critical, and ADs serve as a primary tool in this regard. The cancellation of a particular AD, AD/GA-7/5, exemplifies CASA's commitment to these international standards and the dynamic nature of aviation safety regulation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are legislative instruments, as stipulated by subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. This legislative framework is designed to ensure the safety of air navigation in accordance with section 98 of the Civil Aviation Act 1988. The application of these regulations spans nationally, as they are integral to Australia’s compliance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has overarching responsibility for the continuing airworthiness of aircraft types. The State of Registry is additionally tasked with ensuring the continuing airworthiness of individual aircraft within its jurisdiction. CASA, acting on behalf of the Commonwealth, issues these directives to maintain safety standards, with the particular directive AD/GA-7/5 having been reviewed and subsequently cancelled, effective from 4 June 2009, in alignment with international obligations. The cancellation of this directive did not necessitate public consultation or a Regulatory Impact Statement, reflecting its specific regulatory and international compliance context.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is exercised to ensure the safety of air navigation, as mandated by section 98 of the Civil Aviation Act 1988. An AD, as outlined in subregulation 39.001(5), is recognised as a legislative instrument that is subject to disallowance under section 46A of the Acts Interpretation Act 1901. It is important to note that this AD has been cancelled, and the cancellation is effective from 4 June 2009, with no replacement AD deemed necessary. This cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry.
In terms of obligations, the State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type to the appropriate State of Registry, as stipulated in Annex 8 of the Convention. The State of Registry, in turn, has the duty to develop or adopt requirements that guarantee the ongoing airworthiness of the aircraft. CASA, as the regulatory authority, issues these ADs to enforce compliance with these obligations. Additionally, the Manager, Systems and New Technologies, Engineering Group, on behalf of CASA, has exercised the authority granted under subsection 84A(2) of the Act to make this AD.
Breaching the requirements of an airworthiness directive can have serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may result in enforcement actions by CASA. The specific offences and penalties for non-compliance are not detailed in the explanatory statement, but typically, such breaches can lead to administrative penalties, including fines. In more severe cases, repeated or egregious non-compliance might lead to criminal charges, which could result in imprisonment or heavier fines, depending on the nature and severity of the offence. The exact penalties would be determined in accordance with the relevant provisions of the Civil Aviation Act 1988 and any other applicable legislation.